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HomeMy WebLinkAboutcoa.lu.ec.707 Gibson Ave.51-82 L No. 5/ - 'irJ- CASELOAD SUMHi\RY SHEET City of Aspen 1. DATE CERTIFIED COMPLETE:___ 2. APPLICANT: /J,JI fl1./'2dU ~ STAFF: O;)j~D WJt.4? CJd-S--;?7-:;7 , 3. REPRESENTATIVE: 4. PROJECT NAt1E: iJa;,c!Jl /ldr'dll./YJ'l/ :lUbI.M~f1p:I'5tUYJ " ''1. I /l / 7 5. LOCATION: iJUJ-dfIYV r./M4'2M/ 6. TYPE OF APPLICATION: 4 Step: GMP ( PUD ( ) ) Subdivision J Subdivision Exception GMP Exception ( Rezoning ( (jll-[ ef~ Ml1/iViluflr (/ J ) 2 Step: ) SPA 1 Step: Use Determination Conditi ona 1 Use LSpecial Review (.2%tuhrJ~~ ) HPC No. of Steps: . Other: 7. REFERRALS (1L~r1 /!-(?f~Y~ ~ Attorney , Sanitation District .;1 Engineering Dept. . Mountain Bell _Housing ~arks Water Holy Cross Electric -City Electric --:;rFire Marshal/Building Dept. - - _School District ~ocky Mtn. Nat. Gas '_State Highway Dept. ----Fire Chief --,-Other . ,. B. DISPOSIT~O/ / P & Z Approved l/" Denied ." Date .i. ."of . . 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(p, ~ ton.rlrVL+10l\ of. 1te.. fyl"n~ mo'+ I>e.. c.e.rh"-fr~ ~/ ~ e~h".ee"'i'3.r -G1O..'j ~~. -to gl)A-ra.VI~ rnlr--i.....b.. ~ +tot{) di S /"vpi-iOI\ {.Dn51sl€rd- with ~urd . ~lf\ter'~ * Cbn%vd-i!r\ {lradile5. .. '.-". -- Counci 1 J ,d f prOt I'd (1\ Approved J Denied Date April ,;;l.S,I1l.2 ~.liJle........~5ubjed:- -Ie.: "The FAe on. -1-l-e (leU) I. m 4- tVPdofY1 -k-rc.+ mo7f- bl' r.Jped n"std(~ -/0 -#rI> ~K ~butti 010 ..7.33>1..f Jof- (the. ,jj7f'... of. -Ih~ Oh9in41 fB"r"(P/) /2-' ~ -f~ -b (]P~it~ t11\~ --tmJ.etj prteJ,> -#Ie -Hill__tlDO~ sllb,yu+ a.' r1;l.+ *' incA1Gif. ~ 10 <.,(?Y(J' a<, an ~tr'(Jfl- ([)nrln Pltt-t: ' 9. PRELIMINARY PLAT REFERRALS: ~ttorney _____Engineering Dept. _Housing Wa ter _____City Electric _____Sanitation District ~ountain Bell -"arks _____Holy Cross Electric ----Fire Marshal/Building Dept. _____School District _____Rocky Mtn. Nat. Gas _____State Highway Dept. Other 10. PRELIMINARY PLAT - PUBLIC HEARING P & z Approved Denied Date 11. FINAL PLAT Council Approved Denied Date ." , .",t 12. ROUTING: / Attorney j Building ~Engineering .-i_Other Llert:s Dtfi(f.. ~-.(or M.o-/- ~j- l'r\;'- tr/l!~ l'.<dhI'~1\ - -{or- t.Cl'll H-ioo.s oi (Db 1\ Li \) ~ffrollo..l. -~..__._---_._._--- ---. MEMORANDUM TO: Aspen City Counci 1 FROM: Alice Davis, Planning Office RE: Pardee/Wedum Lot Line Adjustment and DATE: April 25, 1983 Location: Zoning: Applicant's Request: Referra 1 Comments: 707 Gibson Avenue (Lots 1 and 2, Hill ~ u the adjacent Wedum Tract). d.f. d Con omlnlums, an R-30 (PUD). ~ UI\e.. te.,u1e.w 1- ~ -\cl f+-"2- 4~ Jpfrov-l The applicants are requesting approval for a lot line adJustment between properties owned by Lee Pardee and Randy Wedum aRe al~ avlse reElH8&tiRg al3l3P9\'il tn ~ 5tt'e;:lm m;:lr9if.l rS";Q\t.'. The results of the lot line adjustment will be to incorporate an existing 7,332 square foot lot owned by Wedum into the southeastern portion of Pardee's property while carving Wedum a new 7,449 square foot parcel out of the western portion of Pardee's property. Both the existing lot owned by Wedum and the proposed lot to be owned by Wedum are in the 100 year floodplain and~ therefore subject to Section 24-6.3 of the Code, Stream Margin Review. The Engineering Department c mmented that there are severa~van- tages to the new buil di ng site and the proposed removal:ftf fill ich will increase the upstream floodplain. Ev~n th 'gh the Co indicates that structu s are not allowed in e floodplain, the ineering Department s pports the request ject to the followi /' 1. Submiss' n and approval of a detailed/grading plan indicating the river edge and pr posed contOurs complimentary to the existing gra s to the outhe~t/and along the river. / 2. The applicants s uld p a~t the regraded area adjacent to the river with spe 'es .'n keeping with the Roaring Fork Greenway Plan as wel a existi~~_lJ.l~..U:L-the u't:d. .- ..--..,.-- /3~/TIie applicant shCluld sp ify for review and approval any ( trees within gr adjace t t~the new building envelope which are to be removed. " 4. Locatio~f building lons shou be indicated as well as t~inimum elevati of the supe tructure. 5. T e site plan for the p oposed parcel sho ld indicate how on-site parking and acc ss will be handled. The applicant should su mit a plat to indicate t traded parcels and to serve as an amendment to the ~ill ~ou Condominium Plat. Planning Office Review: Section 20-l9(a)(4) allows a lot line adjustment between adjacent properties to be excepted from subdivision review procedures provided the adjustment meets the following criteria: 1. Boundary changes must be between consenting landowners. 2. The adjustment cannot directly or indirectly affect the development rights or permitted density on the affected properti es. ~ Memo: Pardee/Wedum Page Two April 25, 1983 3. Parcels affected must continue to conform to the under- lying area and bulk requirements of the zone district. Existing nonconforming lots shall not increase their nonconformity as a result of the lot line adjustment. 4. The applicants must comply with all applicable zoning and subdivision regulations. The requested lot line adjustment, as proposed, meets all hese criteria. Since the development rights on the subj p rcels cannot be affected, the applicants have agreed t deed re rict the allowed floor area on the new and larger We um parc 1 to the floor area allowed on the original Wedum arcel which is 117 square feet smaller. The original Wedum arcel is 7,3 square feet, a nonconforming lot in the R-30 zone district. The newl created parcel will not increase this nonc formity but will duce it by 117 square feet. 3. , lists six feet of the inant criteria Section 24-6. (c) of the Code, Stream Margin Revi review criteri for guiding development within 1 Roaring Fork Ri r and its tributaries. The pe related to this a plication are as follows: 1. No building sh 1 be located so as to b hazard area. flood 2. Vegetation shall n t be removed nor ny slope grade changes made that will prod e stream bank. Since part of the existing Wed arcel and all of the proposed Wedum parcel fall within the 10 year floodplain, the applicant would have to develop either p 1 in a manner which would mitigate any erosion or sedim tat'on problems or any other flood hazard area impacts. The En ineeri g Department feels that the requested land trade could e accomp ished if development impacts on the new parcel are mit. ated by pu ting any structure developed on pylons, removing them from the floo lain. Also, the applicant should provide informa on through a re egetation/regrading plan which shows that ther will be no increa ed sedimentation or erosion resulting fr any grading or veg tation removal necessary in developing the p rcel. This regrading/ evegetation plan should give all the infor. ation requested by the E gineering Department. The Planning Of ce believes that the newly c eated Wedum parcel will create le s visual impacts than the origi al parcel, an important con ideration since both sites are ac oss the river from the designa d Roaring Fork Greenway. The origl al parcel is devoid of getation and tree cover and any deve pment would be highly vi able and more subject to erosion and se imentation problem. The new site is heavily revegetated and well screened from t Greenway. Special care will need to be ta en to protect the n tural vegetation and to revegetate any disrupt d areas. The major issue in evaluating the applicants' stream is determining whether or not building a structure on tually removes the structure from the floodplain. Th Code pecifically states that no building shall be allowed in the floodplain. However, if the structure is on pylons and a 1 development impacts are mitigated, it may be desirable to llow the structure (on pylons) to be built in the floodplain so that the new Wedum parcel can be used, since the new parcel wou d create less visual impacts and be less subject to erosion an sedimentation problems. =~ ,;"""", , " .". Memo: Pardee/Wedum Page Three Apri 1 25, 1983 Planning Office and P&Z Recommendation: Due 0 the difficulty P&Z had making the interpretation th a stru ure built on pylons is a structure no longer locat in the fl dplain, the Commission added a condition to th r approval requirin the applicant to obtain a variance from t Board of Adjustment rior to Council's review. The condit' n stated that the Board of djustment must grant the applican a variance from Section 24-6.3 (1) at a public hearing. Se ion 24-6.3(1) states that "no ilding shall be located s as to be within a flood hazard area esignated by the U. . Corps of Engineers Flood Plain Report fo the Roaring For iver." 1. structure c not be greater than undisturbed g de. 2. The struction of the pylons must be certl oed by the En oneering and Building Departments to guaran e minimum ream flow disruption consistent with sound engl ering and construction practices. The Planning Office and the Planning and Zoning Commission recommend the approval of the requested lot line adjustment JAe strQlm mal gill I evien 5l1bjeet te tRB f8115nill~ e:81IaitiaAs: -/6) The FAR on the new 7,449 square foot Wedum tract must be deed restricted to the FAR allowed on the original 7,332 square foot tract, with the deed restriction documents subject to the Attorney's Office review and approval. s;:'? .0 .Y:. ~ ~ V ry 'f- A regrading/revegetation plan must be submitted for review and approval by the Engineering Department. This plan must include all of the information requested by Engineering, including the following: a. Submission and approval of a detailed grading plan indicating the river's edge and proposed contours complimentary to the existing grades to the southeast and along the river. bo The applicants should plant the regraded area adjacent to the river with species in keeping with the Roaring Fork Greenway Plan as well as existing plants in the area. c. The applicant should specify for review and approval any trees within or adjacent to the new building envelope which are to be removed. d. Locations of building pylons should be indicated as well as the minimum elevation of the superstructure. e. The site plan for the proposed parcel should indicate how on-site parking and access will be handled. J~ 'f... The applicant should submit a plat to indicate the traded parcels and to serve as an amendment to the Hill House Condominium Plat. Memo: Pardee/Wedum Page Four Apri 1 25, 1983 3. e conditions of the variance the Code granted by the Board de: a. structure cannot be the average, undisturbed b. The construct"on of the p lons must be certified by the Engin ering and Bui ing Departments to guarantee minimum str am flow disruption. Counci 1 Action: If you agree with the Planning Office and P&Z recommendation, the appropriate motion is as follows: "I move to approve the requested lot line adjustment and stream margin review subject to the 3 conditions stated in the Planning Office memorandum dated April 25, 1983." I . ~ ~ " '-\\1 (~. CITY OF"ASPEN \ 130 south galena s~rcet asp en, C 0 lor ado 8"1611 . . 303-925 ~2020 , AG END A BOARD OF ZONING ADJUSTMENTS MARCH 24, 1983 CITY COUNCIL CHAMBERS 4:00 P.M. I. MINUTES ~I. CONTINUANCE OF CASE #83-2 LARRY YAW / THOMAS E. RAFAEL III. CASE #83-3 J.R. WEDUM / HILL HOUSE CONDO IV. AJOURN . .. . . plO-nn'ln9 --'-'~--lf \, 1 , ~ ~ -;! :1 , " Qj0J,\ (V ~{dl~r~~~J ~;~Q",ii'J":.i;;:,;~~ ..:~.... ;;0':';'il:i,;;':';:."~:" "ii~ ';"~:;;.:' .5.~ .1.' r_ ;r'.,:" '.'. -.',,; ",~.'1. ~ ',:, ~..' . c.:.... . .'.\ '~"l-:;'~ .' ~ '. .... I' ..' : 3~ ~.._. ~. ,__....w.'JII.c~ ,~'..' ~Il ~ ~ .it,Jt.;........!l;~~~~ :i.S.,-....~.~--O;J.i....:~~"':..:,.... .~ , " . .:.- ,( -, ,r I NCYrICE OF PUBLIC HEARING . .. . I , Case No.i83-3 ..; BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: . "t Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a public hearing will 'be held in the Council Room, City Hall, Aspen, Colo- rado, (or at such other place as the meeting may be then adjourned) to consider an application filed with the said Board of Adjustment reques~ing authority for variance from the provisions of the Zoning Ordinance, Chapter 24, Official Code of Aspen. All persons affected by the proposed variance are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, then you are urged to state.. yo~views by letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious consideration to the opinions of surrounding property owners and others affected in deciding whether to grant or deny the request for variance. ., 'The' particulars of the hearing and of the reques ted variance are as fo llows: Date and Time of Meeting: ,Date: THURSDAY, Time: 4 :00 P.l-1. MARCH 24, 1983. ';, ~.~_.- ;i' ~; ,.:.'.~. ~::i, - ;/3~~j,.}fr-: . - .j~ ~:~i# , - ", " ~< Name and address of Applicant for Variance: Name:' J .R. WEDUl-1 / HILL HOUSE CONDO Address: BOX 4153 ASPEN, CO., ,81612 "., . Location or description of property: ~ Location: Parcel 1 - lot 7 Block Okalahoma Flats Description: Parcel 2 - l-1etes & Bounds ~ - ..' _.:'-:;(...,';': .F '-i,- ..... . ... . ,variance Requested: . APPLICANT APPEARS TO BE ASKING TO BUILD IN AFLOOD.~L~:[~~ A~Eb'~""':k-' . , ~ . . '. ~..~ ...".1'" "'l ,'.--:_ . ". '~;'~~;~';;:;~'.a.:-~.:r"~ ~n '".._.-_:~~-' "':.;-.:" Duration of Variance: (Please cross out one) ~~p~t~t~X Permanent THE CITY OF ASPEN BOARD OF' ADJUSTMENT . BY 'Rpmn T,;"""'~qni nn Chairman By Joy Brooks . . .~ . " ArrEt. TO r;OflhV or ZOfWlG I\DJU~ 'J]1f CITY OF ASPEfl DA~E. J.jJ 7/ ~"\ . (.' ..... APPElLANT rJ. r! CUr0,~...) 1/// ;!<<)~C:OWXDDRESS , .J' . .. ,r..,:\ '" . CASE NO. .:ftffi .3 ,g~ ti//?, tA-~~. , PHONE 9;h~-C(;7-3 ':t- . OWNER I~~ ADDRESS 50V-<.. . . lOCATION OF PROPERTY j,,. f 7 , I?/cc f:: ,afc...lo~ 1'lo Is- ' "- Blk. [. Lot No. . .. Building Permit'Application and prints or any other pertinent data must accompany this application, and will be made part of -, CASE NO. . . THE BOARD WILL RETURN THIS.APPlICATION IF II DOES NOT CONTAIN All THE FACTS IN QUESTION. . . DESCRIPTIOil OF PROPOSED EXCEPTION SHOHING JUSTIFICATIf)~lS: ~ o<&e~oJ r.et?eA1 1!c,v:-'0 0#.... ~04,.. ,,:' Of; ~;l,--eer .#61#. . ? Yest-No -/7/ ./11 SIGNED: ~~~ . Appell ant 'Will you be represented by counsel . , PROVISIONS OF THE ZONING ORDINANCE REQUIRING THE BUILDING INSPECTO. 'to FORWARD THIS APPLICATION TO THE BOARD OF ADJUSTMENT AND REASON FOR NOT GRANTING: \". ~ :J,.t-v(..:(-3. CC)(}) IJ 0 1~ 3 ~ bL-to ~ ~ OV?~ ~ tL.~d ~lAILL. oAe4. ~ lo~~vt,s;.. ~~ 1 ~~.:p~~{~ ~~' ~~~~~~~. ", hO.~~, .~,..CM~^_^^ ~ k k'.' ~ ,~cL~ ~ ~~~~~ ' (fJdJ~ . , . ' ., .. . . . ~ . 'Status . Signed . PERMIT REJECTED, DATE . .. . DECISION ____DATE DATE IF HEARINCJjO lLh ,JLLJqro - SECRETARY . " ~ ~Cl_' ,(?~.020 . APPLICATION FILED HAIlEO .. 4- . /' , -, MEMORANDUM TO. Aspen Planning and Zoning Commission FROM: Alice Davis, Planning Office RE: Pardee/Wedum Lot Line Adjustment and Stream Margin Review DATE; January 18, 1983 Location: 707 Gibson Avenue (Lots 1 and 2 Hill House Condominiums and the adjacent Wedum Tract). Zoning: R-30 (PUD) Applicant.s Request: Referral Comments: The applicants are requesting approval for a lot line adjustment between properties owned by Lee Pardee and Randy Wedum and are also requesting approval to a stream margin review. The results of the lot line adjustment will be to incorporate an existing 7,332 square foot lot owned by Wedum into the southeastern portion of Pardee's property while carving Wedum a new 7,449 square foot parcel out of the western portion of Pardee's property. Both the existing lot owned by Wedum and the proposed lot to be owned by Wedum are in the 100 year floodplain and are therefore subject to Section 24-6.3 of the Code, Stream Margin Review. The Attorney's Office had no comment on the application. The Engineering Department commented that there are several advantages to the new building site and the proposed removal of fill which will increase the upstream floodplain. Even though the Code indicates that structures are not allowed in the floodplain, the Engineering Department supports the request subject to the following: 1) Submission and approval of a detailed grading plan indicating the river's edge and proposed contours complimentary to the existing grades to the southeast and along the river. 2) The applicants should plant the regraded area adjacent to the river with species in keeping with the Roaring Fork Greenway Plan as well as existing plants in the area. 3) The applicant should specify for review and approval any trees within or adjacent to the new building envelope which are to be removed. 4) Locations of building pylons should be indicated as well as the minimum elevation of the superstructure. 5) The site plan for the proposed parcel should indicate how on-site parking and access will be handled. 6) The applicant should submit a plat to indicate the traded parcels and to serve as an amendment to the Hill House Condominium Plat. Planning Office Review: Section 20-l9(a)(4) allows a lot line adjustment between adjacent properties to be excepted from subdivision review procedures provided the adjustment meets the following criteria; 1) Boundary changes must be between consenting landowners; 2) The adjustment cannot directly or indirectly affect the development rights or permitted density on the affected properties; ~/~", ,....... , Memo; Pardee/Wedum January 18, 1983 Page Two Lot Line Adjustment/Stream Margin Review 3) Parcels affected must continue to conform to the under- lying area and bulk requirements of the zone district. Existing nonconforming lots shall not increase their non- conformity as a result of the lot line adjustment. The applicants must comply with all applicable zoning and subdivision regulations. 4) The requested lot line adjustment, as proposed, meets all of these criteria. Since the development rights on the subject parcels cannot be affected, the applicants have agreed to deed restrict the allowed floor area on the new and larger Wedum parcel to the floor area allowed on the original Wedum parcel which is 117 square feet smaller. The original Wedum parcel is 7,332 square feet, a nonconforming lot in the R-30 zone district. The newly created parcel will not increase this nonconformity but will reduce it by 117 square feet. Section 24-6.3(c) of the Code, Stream Margin Review, lists six review criteria for guiding development within 100 feet of the Roaring Fork River and its tributaries. The pertinant criteria related to this application are as follows: 1) No building shall be located so as to be within a flood hazard area. 2) Vegetation shall not be removed nor any slope grade changes made that will produce erosion of the stream bank. 3) No activity shall be allowed which will increase stream sedimentation and suspension loads. Since part of the existing Wedum parcel and all of the proposed Wedum parcel fall within the 100 year floodplain, the applicant would have to develop either parcel in a manner which would mitigate any erosion or sedimentation problems or any other flood hazard area impacts. The Engineering Department feels that the requested land trade could be accomplished if development impacts on the new parcel are mitigated by putting any structure developed on pylons, removing them from the floodplain. Also, the applicant should provide information through a revegetation/regrading plan which shows that there will be no increased sedimentation or erosion resulting from any grading or vegetation removal necessary in developing the parcel. This regrading/revegetation plan should give all the information requested by the Engineering Department. The Planning Office believes that the newly created Wedum parcel will create less visual impacts than the original parcel, an important consideration since both sites are across the river from the designated Roaring Fork Greenway. The original parcel is devoid of vegetation and tree cover and any development would be highly visable and more subject to erosion and sedimentation problems. The new site is heavily vegetated and well screened from the Greenway. Special care will need to be taken to protect the natural vegetation and revegetate any disrupted areas. Planning Office Recommendation: The Planning Office recommends that P&Z recommend the approval of the requested lot line adjustment and stream margin review subject to the following conditions: .. , Memo: pardee/Wedum January 18, 1983 Page Three .1) 2) 3) 4) ,,--- Lot Line Adjustment/Stream Margin Review The FAR on the new 7,449 square foot Wedum tract must be deed restricted to the FAR allowed on the original 7,332 square foot tract. A regrading/revegetation 'plan must be submitted for review and approval by the Engineering Department. This plan must include all of the information listed in the six items requested by Engineering which are given on page 1 of this memorandum. The applicant should indicate the locations of building pylons as well as the minimum elevation of the superstructure. The site plan must show how on-site parking and access to the parcel and structure will be handled. 5) The applicant must submit a plat to indicate the traded parcels and to serve as an amendment to the Hill House Condominium Plat. , "~"', ./".,~.... ....",...... MEMORANDUM TO: Alice Davis, Planning Office FROM: Jay Hammond, Engineering Department ~ DATE: January 3, 1983 RE: Pardee/Wedom Subdivision Exception, Stream Margin Review ----------------------------------------------------------- Having reviewed the above application and made a site inspection, the Engineering Department has the following comments: As mentioned in the application, I met with Lee Pardee on the site and looked at the proposed building location as well as the area adjacent to the river where fill would be removed. We discussed the advantages of the new building site as well as the desirability of removing fill and increasing the upstream floodplain. While the code would not appear to grant any latitude with respect to location of structures within the floodplain, the City Engineering Department would support this request subject to the following: 1. Submission and approval of a detailed grading plan indicating the river's edge and proposed contours complimentary to the existing grades to the southeast and along the river. 2. The applicant should also be required to plant the regraded area adjacent to the river with species in keeping with the Roaring Fork Greenway Plan as well as existing plants in the area. 3. The applicant should be required to specify any trees within or adjacent to the new building envelope to be removed. 4. Locations of building pilings should be indicated as well as the minimum elevation of the superstructure. 5. The site plan for the proposed parcel should indicate how such needs as on-site parking will be handled. 6. With regard to the proposed subdivision exception, the applicant should be required to submit a plat to indicate the traded parcels and to serve as an amendment to the Hill House Condominium plat. JH/co CITY OF ASh::N . MEMO FROM AUDREY N. STORBECK , Vkl~ ~ ~ -z..'-\-0'3lC) l'J Y'O ItN I \C '~ "1 \~ ~ J-'1f"i-- ~l rrt-- T~ "s W l~~:~ ro; t- ~I\~ tJl~ ~ 't-~ff ~1JoVoI' ~ l1"" ~ CCf~ ~~M , \. C'il.>--t' ~ ~. ~ ~ 18 ~ <. ~o z.-. C~~ s,,~ict ~ ~_ ~ ~ ~~,l~ - I'^'",.......... rs",~ ~ ~ ,c;.{"~~ C-S-I,..e.l..-t "f ~ ~.. CQ.s<!...~ e('~ . , ~ . ..."."" - Ms. Alice Davis City & County Planning Office 130 SO. Galena St. Aspen, CO 81612 November 2, 1982 Dear Alice, This is an application for both a stream margin review and a lot line adjustment. Both the citizens of Aspen and the applicants will benefit by approval of this application. A brief history of the land in question is appropriate: 1) In July 1977 the Aspen P&Z gave approval in a stream margin review to allow the place- ment of excavated earth on the subject property. A condition was that after completion of construction the earth be leveled and the area cleaned up. 2) In October 1979 the Aspen P&Z in another stream margin review approved the construction of a tennis court on the property in question. Randy Wedum, one of the applicants owns a 7332 sq. ft. parcel of land that boarders the Roaring Fork River. The expected building envelope is on the bank of the river where there are no trees or bushes to hide a structure from view from the public area across the river. The building envelope also happens to interrupt the view of the Hill House Condominiums across Spring St., Therefore the applicants propose to trade equal sized parcels of land so that a new building envelope would be created. This site would be surrounded by large trees and bushes and would be almost invisible from the public area across the river. Although the new lot has 7449 sq. ft. Mr. Wedum would agree to deed restrict the FAR of any structure to what it would have been on the original parcel. Additionallv, Mr. We dum would agree to place the building envelope at the far end of the parcel away from the river. The question of flood plain must be addressed. Jay Hammond of the Engineering Dept, believes that this trade could be accomplished IF the applicants agree to put any structure on pylons so that it won't be in the flood plain and IF the applicants compensate for the small intursion into the flood plain (the pylons) by agreeing to increase the flood plain upriver (on the 7332 sq, ft. parcel) by excavating and removing earth near the river, Jay agrees that the new building site would be very much in the public's interest in that a visually obtrusive site would be replaced by a sheltered site much further , , ,~"""" r"", ""../ from the river. Other than the above all Code requirements for the Stream Margin Review and the Lot Line Adjustment have been met and the applicants request approval. John Randall Wedum J es Lee Par ee III President Hill House Homeowners Assn. r....' ","'"-''' -"*' Ms. Alice Davis City & County Planning Office 130 SO. Galena St. Aspen, CO 81612 November 2, 1982 Dear Alice, This is an application for both a stream margin review and a lot line adjustment. Both the citizens of Aspen and the apnlicants will benefit by approval of this application. A brief history of the land in question is appropriate: 1) In July 1977 the Aspen P&Z gave approval in a stream margin review to allow the place- ment of excavated earth on the subjecc property. A condition was that after completion of construction the earth be leveled and the area cleaned UP. 2) In October 1979 the Aspen P&Z in another stream margin review approved the construction of a tennis court on the property in question. Randy We dum , one of the applicants owns a 7332 sq. ft. parcel of land that boarders the Roaring Fork River. The expected building envelope is on the bank of the river where there are no trees or bushes to hide a structure from view from the public area across the river. The building envelope also happens to interrupt the view of the Hill House Condominiums across Spring St.. Therefore the applicants propose to trade equal sized parcels of land so that a new building envelope would be created. This site would be surrounded by large trees and bushes and would be almost invisible from the public area across the river. Although the new lot has 7449 sq. ft. Mr. Wedum would agree to deed restrict the FAR of any structure to what it would have been on the original parcel. Additionally, Mr. Wedum would agree to nlace the building envelope at the far end of the parcel away from the river. The question of flood plain must be addressed. Jay Hammond of the Engineering Dept. believes that this trade could be accomplished IF the applicants agree to put any structure on pylons so that it won't be in the flood plain and IF the applicants compensate for the small intursion into the flood plain (the pylons) by agreeing to increase the flood plain upriver (on the 7332 sq. ft. parcel) by excavating and removing earth near the river. Jay agrees that the new building site would be very much in the public's interest in that a visually obtrusive site would be replaced by a sheltered site much further r-- r, , ... from the river. Other than the above all Code requirements for the Stream Margin Review and the Lot Line Adjustment have been met and the applicants request approval. Homeowners Assn. John Randall Wedum . _n~._. _ _ __~_______._ , Ms. Alice Davis City & County Planning Office 130 SO. Galena St. Aspen, CO 81612 November 2, 1982 Dear Alice, This is an application for both a stream margin review and a lot line adjustment. Both the citizens of Aspen and the aoolicants will benefit by approval of this application. A brief history of the land in question is appropriate: . 1) In July 1977 the Aspen P&Z gave approval in a stream margin review to allow the place- ment of excavated earth on the subjec~ nroperty. A condition was that after completion of construction the earth be leveled and the area cleaned up. 2) In October 1979 the Aspen P&Z in another ~tream margin review aporoved the construction of a tennis court on the property in question. Randy We dum , one of the applicants cwns a 7332 sq. ft. parcel of land tha~ boarders the Roaring Fork River. The expected building envelope is on the bank of the river where there are no trees or bushes to hide a structure from view from the public area across the river. The building envelope also happens to interrupt the view of the Hill House Condominiums across Spring St.. Therefore the applicants propose to trade equal sized parcels of land so that a new building envelope would be created. This site would be surrounded by large trees and bushes and would be almost invisible from the public area across the river. Although the new lot has 7449 sq. ft. Mr. Wedum would agree to deed restrict the FAR of any structure to what it would have been on the original parcel. Additionally, Mr. Wedum would agree to place the building envelope at the far end of the parcel away from the river. The question of flood plain must be addressed. Jay Hammond of the Engineering Dept. believes that this trade could be accomplished IF the applicants agree to put any structure on pylons so that it won't be in the flood plain and IF the applicants compensate for the small intursion into the flood plain (the pylons) by agreeing to increase the flood plain upriver (on the 7332 sq. ft. parcel) by excavating and removing earth near the river. Jay agrees that the new building site would be very much in the public's interest in that a visually obtrusive site would be replaced by a sheltered site much further - -,;.. .-..~ 1': . , . f .. .. ..,. '" , " . ........"'" . ..J: ~--,--- - - -:,-----..--:-:-----..-.--.----.- # from the river. i f Other than the above all Code requirements for the Stream Margin Review and the Lot Line Adjustment have been met and the applicants request approval. John Randall We dum .1 " ~ I J es Lee President Hill House Homeowners Assn. " '. .... -~'~:. " "--~'" r, .~ I j ._- .~......,... .- . . , ., ---'-"--'-,- "" , . .~ . . " , MEMORANDUM TO: Alice Davis, Planning Office Jay Hammond, Engineering Department~ FROM: DATE: January 3, 19B3 RE: Pardee/Wedom Subdivision Exception, Stream Margin Review ----------------------------------------------------------- Having reviewed the above application and made a site inspection, the Engineering Department has the following comments: As mentioned in the application, I met with Lee Pardee on the site and looked at the proposed building location as well as the area adjacent to the river where fill would be removed. We discussed the advantages of the new building site as well as the desirability of removing fill and increasing the upstream floodplain. While the code would not appear to grant any latitude with respect to location of structures within the floodplain, the City Engineering Department would support this request subject to the following: 1. Submission and approval of a detailed grading plan indicating the river's edge and proposed contours complimentary to the existing grades to the southeast and along the river. 2. The applicant should also be required to plant the regraded area adjacent to the river with species in keeping with the Roaring Fork Greenway Plan as well as existing plants in the area. 3. The applicant should be required to specify any trees within or adjacent to the new building envelope to be removed. 4. Locations of building pilings should be indicated as well as the minimum elevation of the superstructure. 5. The site plan for the proposed parcel should indicate how such needs as on-site parking will be handled. 6. With regard to the proposed subdivision exception, the applicant should be required to submit a plat to indicate the traded parcels and to serve as an amendment to the Hill House Condominium plat. JH/ co ---~~.;-.....-----_.-.....~--- '--~"-- , . ~ . .. ,.. /,....... ,.'...., r FORM NO. C-6000-1A " FOR USE WITH COL.ORADO REGION Jo.",<'RICAN LAND TITLE ASSOCIATION LOAN POLle\' .t<<10 (AMENDED 10.'7.70) SCHEDULE A Amount of Insurance $ 61,000.00 Policy No. 7302170 Date of Policy April 23, 1982 10: 30 A.M. Sheet 1 of --9 1. Name of Insured: THE BANK OF ASPEN 2. The title to said land is at the date hereof vested in: JOHN R. WEDUM in fee simple 3. The mortgage or deed of trust, and assignments if any, covered by this Policy are described as follows: Deed of Trust from : John R. wedum to the Public Trustee of the County of pi tk in for the use of : The Bank of Aspen toseeme $ 61,000.00 dated recorded April 22, 1982 April 23, 1982 in Book 425 at Page 539 , '- "" FORM NO, C-6000.2 / j FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 1970 (AMENDED 10-17-70) FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM 8-1970 (AMENDED 10.17.70) S C H E D U LEA-Continued The land referred to in this policy is situated in the State of Colorado, County of , and is described as follows: pi tkin A parcel of land situated in the SW~ of Section 7, Township 10 South, Range 84 West of the 6th P.M., said parcel is all of Lot 7, Block 5 of an area known as Oklahoma Flats and is morE fully described as follows: Beginning at a point on the Northerly line of Frances Street, said point being the Southeast corner of said Lot 7 and also the Southwest corner of the Mayer property, whence corner No. 23 of Tract A, Aspen Townsite Addition, being the same as Corner No. 39 of the Lux Placer U.S. Survey No. 6786, bears 584003'30" E. 675.94 feet and whence the Southeast corner of said Block 5 bears 574030'00" E. 125.00 feet; thence N74030'OO" W. 70.0 feet more or less along the Northerly line of Frances Street to .the Easterly edge of the Roaring Fork River; thence N3l024'4B" W. 77.55 feet along the Easterly edge of said river to the point of intersection with the Westerly extension of the Southerly line of a tract of land as described in Book 119 at page 220; thence SB9020'00" E. 131.00 feet more or less along the aforemen- tioned line to the NE corner of said Lot 7, said point being on the Westerly line of the Mayer property; thence 515030'00" W. 86.51 feet along the Westerly line of the Mayer property to the POINT OF BEGINNING. ' "...... FORM NO. C-6000-3D ,/ FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 1970 (AMENOED 10-17.70) SCHEDULE B PART I This Polley does not insure against loss or dama~e hy reason of the followinJ:!;: l. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the puhlic records. 3. Discrepancies, conflicts in houndary lines, shortage in area, encroachments, and any facts which a cor- rect survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, lahor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. 6. Right of t~e proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, and the premises hereby granted, and the right-of-way for ditches and canals constructed by the au- thority of the United States, as reserved in United States Patent, recorded December 14, 1900 in Book 39 at Page 136. 7. Easement and right-of-way for Tennis Court as granted to The Hill House Condominiums and The Hill House Homeowners Association, by John Randall Wedum in the instrument, recorded June 21, 1979, in Book 371 at Page l7B, as Reception No. 215620, affecting the following described property: An easement situated in the NE~ SW~ of Section 7, Township 10 South, Range 84 West of the 6th P.M., Pitkin County, Colorado and being more fully described as follows: Beginning at a point whence the West 1/4 Corner of said Section 7 bears South 89020'00" East 134.78 feet, and North 55027'55" West 2369.32 feet, thence South 15027'55" thence South 15030'00" West 15.52 feet, thence North B9020'OO" West 79.97 feet, thence North 04012'54" West 15.06 feet to the Southwest Corner of the Hill House Condominiums Property, thence South B9020'OO" East 85.22 feet along the Southerly Boundary line of said property to the point of beginning containing 1239 square feet more or less. ""... , FORM NO. C-6000-4A FOR USE WITH COLORADO REG lOr-. ...,(ERICAN LANO TITLE ASSOCIATION LOAN POLle. ':970 (AMENDED 10-17-70) SCHEDULE B PART II In addition to the matters set forth in Part I of this Schedule, the title to the estate or interest in the land described or referred to in Schedule A is subject to the following matters, if any he shown, hut lhe Company insures that such matters are subordinate to the lien or charge of the insured mortga~e upon said estate: NONE 1""-''.- . SCHEDULE A-Continued REQUIREMENTS 3. The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of clerk and recorder of the county in which said property is located. A. Release of Federal Tax Lien by United States Internal Revenue Service against John R. Wedum in the amount of $5,129.53, recorded June 29, 1981 in Book 410 at Page 582. B. Release of Federal Tax Lien by United States Internal Revenue Service agains John R. Wedum in the amount of $5,129.53 recorded July 17, 1981 in Book 411 at Page 420. C. Release by the Public Trustee of the Deed of Trust from : John R. Wedum to the Public Trustee of the County of Pitkin for the use of Aspen Industrial Bank to secure $21,398.87 dated December 1, 1981 recorded December 10, 1981 in Book 418 at Page 408. D. Deed of Trust from John R. Wedum to tehe Public Trustee of the County of Pitkin for the use of The Bank of Aspen to secure : $61,000.00 " ~ i~>:IIT]n'l !T;\" .\TTi\CilEj) Tl) /\t~]) ;L\])i.: :\ J \J~r OF ClJ>lHITl.li'::-:I ;ii\8J~39l) -------- I.1-:C..\L DFSt:i; I j' 1'1 ():'; PLtkill COUIlI? Cl)jljl;~dl!, :)~,jnG 1:1,Q-L' ('l~ 01 LlIf:.: Soulhv.,l~;';l I" ',~\'SL ur tlw 6th P.I'i., Jl~scribcd as follows: :\ L r ~ll' uj tilth! i lU:l I ,'L i 11 Ull~ ":ill- I i 01 ~; l' C I LOll ':,1\\-11:-;[1 i i) lil Soulh !\.\II; l)i'~C:[:\Nl>!C :jt ;-he' ::l()~jl ~;U\H:,\'/C'sLl'r.I\" l:O;-,ll.'l- oi that parcel Jes- cr-ib('d Ln j;l)(Jj.: ';~ilJ :It Pngl_' i3B6, ili I :::11 C()~]nl_:r' Rl:l:unls; Tlll.'JJ,'C' ruJ IU\..'jll;', LIll: 'I,\~c:-;lcr' :111;.[ \\)1- :\1 rl\' Line'S of .->"j-iJ parcl'l [11(' [0.1.1t,)\./i:l;', l~UUJSl~S :llH~ ul:-,l:;l:l~''-'~:;: 1\ 19 c 1;('; , IL)'I '1,,1 \.' C /0 fl'L' I " , , t\ J , '/1 q , (l(J" \.. jil I ('l' l '1 , , " I " ~'U , O()" /\' I rj I l'(' l , 'Il) :-J I I)" , ~ , )()" , i () I Cc' I ../ :\ '/ " ; J , (Ii)" ), 9,'j LVI' l " .., , Ci -)'.' " :~ 3 , (':('," ,. :, 1 ,-c' , l / u )u l'L' , I' ()t)" I I, , (Jl\" , " I ('c' I " . " bh " J ~) , I !'. :.~ :: 4 I.,! r l t.O puill i ,/ " cC' u :'!ll'lh~l~ S i~lo (JO" '.~. lJ)9.11 fL'c,t tt);1 puint on l:l1e South J-;11lc (11 ';;11 i.l ]';1!", T:lt'ih'l' :', :";(1" "()' D()'I ',}. l/i.9Cl fi_'l'L lu ~:lll' ~)uint of BECIi'i:<lSC. :' ilk i 11 (:()\111: (:11 j ()(,h:,l I I l I I ".-;"~C-\ ' ">:H.J ',- .-..:.;:...<; ......-..--",~ . Schedule B-SW,on 2 E"ep"onO S,,,,c' Add,." 01 Pmp."y 0 The policy or policies to be issu(!d wIll conlilin exception,> 10 the followm9 unless the same afe disposed of to the satisfaction of the Company: Rlghls or claims of panics 111 possession not shown by the pubhc records. '1 E;lst'ments. or chlHns 01 f';IS"rTWllts not shown by the publiC recorc1s 3 DlsrrepallClI!s. conflICts III houndary hill's, shortaue Hl <Ilea encrOilchments. and any file IS which a conect survey and inspection of t!\I' p"'rllISL'S would (li~;{I(J~;,. .IIHI wlllcl1 dl" nut ..hown by Ihe pullllc records 4 Any lien, or flghl 10 a IIt~n, tor services. l<tbOl or materIal theretofore Of hereafter furntshed, imposed by law and not shown by the pubhe records 5 Defects.. liens. encumblilrlces, adverse c1.lIms 01 other mailers. If any. crcated, fnSI appearing in the public records or allaching subsequent 10 Ihe-fdfeCllve date hereof but prior to the datc the proposed insured acqulles of record lor value the estate or interesl or mortgage thereoll CO\icred by HlIs Commllmenl l:>.r,'ptuH1S l111111lh'll:d -0- ;ue hcrdlY ollHlteU 6. Taxes due and sales which have any unpaid taxes properly redeemed and assessments or cancelled. and any and all tax payable: not been 7, Reservations and exceptions as contained in United States Patent recorded December 24, 1902 in !look 55 at Page 116 as follm,s: right of the proprietor of a vein or lode LO extr:H.:t and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, 8. Right of "ay for the flo" of the Roaring Fork River and Flood Plain Plan. COll(llllons ;HHI StlPLlldllons The tel!1l I1HlltU.t!I" V...hdllj....l.~IIH!'eln <;hallllltludc deo.:d OllfuSI. !rust dl~PO, or other security Instrumenl. 7 It tlw pl(lpo:-,~d In....uH',j lid.... III .Il 'pili!'''. ;1( tllil! knowIN11J') of any ddeel Ilen_ pncumhrancc. adverse claim or other maller affecting 1111' 1::-1.11,. (I! 1l1h'r,'~1 III ITlI>lI!I."jI' It'''I''llIl 1II\lI)It'd by IlllS Cornmllrnenl 01111'/ II1;m tho~e shown In Schedule B hefcol. and shall fail 10 Ilt',chJ:-" "'Inh kll(Jwl,'d{I'~ lo II". LPllll'.1I1Y III Wlllln!1 tlw Company shall h,' lell'~vl~d hom Ilabrllly 101 any loss or damage resulting from dny act uj wllanu' hl'rl'llll tll 1111) ".,ll'lIl Ihe CUmp,H1Y IS prcJudlCf.!d by fadure 10 so disclose such knowledge_ If lhe proposed Insured ...11,,11 dISc!OSI! :;'1J(~h kIHh...lt'd~Jl~ III till' CIl1l1pdny or d the CUllll-lilny o,helwl~t: acqulll's aClual knowh!dne of any such defecl. lien. encumbrance. .HI...erSl: claim or otllel rn;rltL'f the (orllp;ITly <it Its opllon m.ly amend Schedul(' B 01 th.s Commilmenl accordingly, but such amendment :-11.JII nul relll:VI' 111(' COfl1pdl1y lr'llllll,dHhly Plt'\lI(HJsly IncwlI,d plHsu;-tnllO par,I~Jr,lph 3 of thf'se Conditions and Stipulations :1 II.dllllty III tlw CWlIp.III'y IlIlll,'1 !11I~ (OIlHllllfIlL'nl 'i1l.11I h.. only 10 Ihe IldnH'd proposed Insured and such pallies Included under the 1I1.I>llItI0I1 of Iw.uro'd (11 tilt' t()fm uf pnlll Y or polr(:ll':;' C(Jllllllllll'd for and only 1m .IClual loss mcw/cd 10 reliance hereon In undertaking III !IOIJrl Lllttl (..I \0 cumply woth thl' lI'qlllll,rncnlS hereot, or (Ill to eliminate .);w;,c:epllons shown in Schedule B. or (c) to acquire or creale 11", "stdH~ of 111\(.r'.....1 'll IlHlIlll,I(II' Ih"lf'llll CllVl'II'd by thIS Com!llllment 1.1 no O;)vent ...hdll such liahlll1Y e;w;,ceed lhe amount Slated in Schedule A for tllc poll<':Y or poliCies COrlllllll\!.d fOl ;rnd such Ilablllly IS SlJOjp.ctl0 Ille InSUllng prOVisions. e;w;,c]uslon trom coverage. and the Conditions ;11111 Stlpul;tllUllS of Illl' lurrll of pllllf'Y (II p<lIICICS comrllll1cd for In ta\lor ollhp. proposed Insured which arc hereby incorporated by reference ilnd <Ill' rnaJL:" p;ul of ttllS CUllllllltllll'nt "'U'pl dS expn!ssly modd,ed herem .1 Any d.1l1ll 01 10:-'" ur d.HIl.,!1l' VVlu'tllPI 01 not based on Ilcgh!Jcnu~ dlld which allses out of the status of lhe 1I1le to the estate or 11It"',",lor Illl' I'l'n II! U\I' 11l....IH"iJ II1lHl!J.!\W lovell'd hercby 01 any ;lctlon d..."."rllfl~J such claim, shall be reSlllclp.d \0 the provisions and CtJl\l1111011:'> .lnd ',llplJl.lt,oll~, of till.... UH1Hll11nlellt IN WITNESS WHEREOF till' Cnrnp;my hdS C,JUsed thiS CommlUnenl 10 be SIgned and scaled. to become valid when countersigned by .Hl alJlh{Hllefl (Jllin.'1 Of du,'nl (,I !Ill' Company ,III In accOIdance wllh lIS By-L.lws This Commitment IS eHective as of 1he date shown '11 SChl'lhill~ A.,... (Iktll\ll' O.l!I' USlIfE Tille InsUfdflcc COrnpiHl) ut Oall;\s ~/~~ P,pS,r/pnr": CIl,,./ t...ruf".' 0-'/,(..' ~(u.f /l4d,Lu/{l t'a"L AUN/ [...cvr....V",. P'd,rl..nr S..n+-l,"'.""/I....,, ~' .:.:.~~.:....,~/ - .....-, / /. ./ ,~ ..J....L-. AI,'I>,,,:;,,,,S'fJ"-"'"'' ASPEN TITLE CONI' ANY , LTlJ, .' . I I I I I I , I I I I 1 I - o <) I'~:':I.!.IJ!I.:L-"-'\:.', ',~l~U',C.iIEIl ~1'Il AND t1MlE A I'AI('J" OF COHmT1-1EliT 11^81-399 -' LECAL DESCI: I i' [" I ON -~- -- -- ---- _ ------ ,\ U-;lcl of Lind sf lU;\l('U ill the :<!()rlllL';I~;l I,. o[ t.:he Southt.,'est 1'2; of :;('ctiOll 7, ']'(l,,'llsiJip 10 South, TLII1:~V S.'. \'.\~st of the 6l.:h P.~t., I)itkin COlIIllY. C(]lor~Ju. bcillg Qore l"lI1.1y described as follows: BEC:I;~NTtlG :It tilL' most Soutll\-;csterly COinL't' of that parcel des- crLbC'd ill ];(Jilk 370 at P.1gL' H86, P-tLkill County Records; Thl'lh'C Ful JUh'in:; lile \~estcrly ~lnJ ;'!orlhl.'rty lines of said parcel the (olloh'illg l:ourses 3nd dislar'.ces: t~ ]90 Ila' 00" \I. H5,70 f('(' L , 1\ :\7'"' !Ill' 00" \,1. 11]. ]/1 ll'el, N 1 ~' 0 :!.U I 00" h'. /10.35 f (,l' L , :'1 IU" Z7' 30" I':, /I:~. 16 f l'l' t , i\ 120 J"J' OO" '~_,' . 27.91, r L'L' L , ~ 7'\ 0 23' unll \L 111..58 C l' (~ L , " N IlI)o Ii> , (l()" ',' ')r .,1 t"l'l't -<. .-.)....1 ,. (,60 J5' I"l E,:!24,n reet LO point: " ., il Thence S ]l)o 1::;' DO" Ii. 169, 11 feet 10 a point on the South line:: 01 ~; ~l j d P;IJ"'.l'j Tlh':ll'l' :~ 890 :?O' 00" t.. 14.90 reo 1 10 tile poi.nt of IlEGHmlNG, .. l'ilkill COUllty, COI01-;ldo